Common use of Centers and Equipment Clause in Contracts

Centers and Equipment. (a) Subject to Section 4.1(b), as necessary and appropriate, taking into consideration the professional concerns of PA, Business Manager shall in its reasonable discretion lease, acquire or otherwise procure Centers in a location or locations reasonably acceptable to PA and shall permit PA to use each such Center pursuant to this Management Services Agreement, by sublease or otherwise as required by law. (b) PA shall not enter into any lease or sublease with respect to a Center without Business Manager's prior consent. In the event PA is the lessee of any Center under a lease with an unrelated and nonaffiliated lessor, Business Manager may require PA to assign such lease to Business Manager upon receipt of consent from the lessor and Business Manager shall permit PA to use such Center pursuant to this Management Services Agreement, by sublease or otherwise as required by law. PA shall use its best efforts to assist in obtaining the lessor's consent to the assignment. Upon request, PA shall execute any instruments and shall take any acts that Business Manager may deem necessary to accomplish the assignment of the lease. Any expenses incurred in the assignment shall be Office Expenses. (c) Business Manager shall provide all nondental equipment, fixtures, office supplies, furniture and furnishings deemed reasonably necessary by Business Manager for the operation of each Center and reasonably necessary for the provision of Dental Services pursuant to this Management Services Agreement, by lease, sublease or otherwise as required by law. (d) Business Manager shall provide, finance, or cause to be provided or financed dental related equipment as required by PA. PA shall have final authority in all dental equipment selections, and Business Manager shall have no authority in regard to dental equipment selection issues. Business Manager may, however, advise PA on the relationship between its dental equipment decisions and the overall administrative and financial operations of the practice. All dental and nondental equipment acquired for the use of PA shall be owned by Business Manager; provided, however, that PA shall maintain complete care, custody and control of all dental equipment. (e) Business Manager shall be responsible for the repair and maintenance of each Center, consistent with Business Manager's responsibilities under the terms of any lease or other use arrangement.

Centers and Equipment. (a) Subject to Section 4.1(b3.1(b), as necessary and appropriate, taking into consideration the professional concerns of PAPC, Business Manager shall in its reasonable discretion lease, acquire or otherwise procure Centers in a location or locations reasonably acceptable to PA PC and shall permit PA PC to use each such Center pursuant to this Management Services Agreement, by sublease or otherwise as required by law. (b) PA PC shall not enter into any lease or sublease with respect to a Center without Business Manager's prior consent. In the event PA PC is the lessee of any Center under a lease with an unrelated and nonaffiliated lessor, Business Manager may require PA PC to assign such lease to Business Manager upon receipt of consent from the lessor and Business Manager shall permit PA PC to use such Center pursuant to this Management Services Agreement, by sublease or otherwise as required by law. PA PC shall use its best efforts to assist in obtaining the lessor's consent to the assignment. Upon request, PA PC shall execute any instruments and shall take any acts that Business Manager may deem necessary to accomplish the assignment of the lease. Any expenses incurred in the assignment shall be Office Expenses. (c) Business Manager shall provide all nondental equipment, fixtures, office supplies, furniture and furnishings deemed reasonably necessary by Business Manager for the operation of each Center and reasonably necessary for the provision of Dental Services pursuant to this Management Services Agreement, by lease, sublease or otherwise as required by law. (d) Business Manager shall provide, finance, or cause to be provided or financed dental related equipment as required by PAPC. PA PC shall have final authority in all dental equipment selections, and Business Manager shall have no authority in regard to dental equipment selection issues. Business Manager may, however, advise PA PC on the relationship between its dental equipment decisions and the overall administrative and financial operations of the practice. All dental and nondental equipment acquired for the use of PA PC shall be owned by Business Manager; provided, however, that PA shall maintain complete care, custody and control of all dental equipment. (e) Business Manager shall be responsible for the repair and maintenance of each Center, consistent with Business Manager's responsibilities under the terms of any lease or other use arrangement, and for the repair, maintenance, and replacement of all equipment other than such repairs, maintenance and replacement necessitated by the negligence or willful misconduct of PC, its Dentists or other personnel employed by PC, the repair or replacement of which shall be a PC Expense and not an Office Expense.

Centers and Equipment. (a) Subject to Section 4.1(b), as necessary and appropriate, taking into consideration the professional concerns of PAPC, Business Manager shall in its reasonable discretion lease, acquire or otherwise procure Centers in a location or locations reasonably acceptable to PA PC and shall permit PA PC to use each such Center pursuant to this Management Services Agreement, by sublease or otherwise as required by law. (b) PA PC shall not enter into any lease or sublease with respect to a Center without Business Manager's prior consent. In the event PA PC is the lessee of any Center under a lease with an unrelated and nonaffiliated lessor, Business Manager may require PA PC to assign such lease to Business Manager upon receipt of consent from the lessor and Business Manager shall permit PA PC to use such Center pursuant to this Management Services Agreement, by sublease or otherwise as required by law. PA PC shall use its best efforts to assist in obtaining the lessor's consent to the assignment. Upon request, PA PC shall execute any instruments and shall take any acts that Business Manager may deem necessary to accomplish the assignment of the lease. Any expenses incurred in the assignment shall be Office Expenses. (c) Business Manager shall provide all nondental equipment, fixtures, office supplies, furniture and furnishings deemed reasonably necessary by Business Manager for the operation of each Center and reasonably necessary for the provision of Dental Services pursuant to this Management Services Agreement, by lease, sublease or otherwise as required by law. (d) Business Manager shall provide, finance, or cause to be provided or financed dental related equipment as required by PAPC. PA PC shall have final authority in all dental equipment selections, and Business Manager shall have no authority in regard to dental equipment selection issues. Business Manager may, however, advise PA PC on the relationship between its dental equipment decisions and the overall administrative and financial operations of the practice. All dental and nondental equipment acquired for the use of PA PC shall be owned by Business Manager; provided, however, that PA shall maintain complete care, custody and control of all dental equipment. (e) Business Manager shall be responsible for the repair and maintenance of each Center, consistent with Business Manager's responsibilities under the terms of any lease or other use arrangement, and for the repair, maintenance, and replacement of all equipment other than such repairs, maintenance and replacement necessitated by the negligence or willful misconduct of PC, its Dentists or other personnel employed by PC, the repair or replacement of which shall be a PC Expense and not an Office Expense.

Centers and Equipment. (a) Subject to Section 4.1(b), as necessary and appropriate, taking into consideration the professional concerns of PAPC, Business Manager shall in its reasonable discretion lease, acquire or otherwise procure Centers in a location or locations reasonably acceptable to PA PC and shall permit PA PC to use each such Center pursuant to this Management Services Agreement, by sublease or otherwise as required by law. (b) PA PC shall not enter into any lease or sublease with respect to a Center without Business Manager's prior consent. In the event PA PC is the lessee of any Center under a lease with an unrelated and nonaffiliated lessor, Business Manager may require PA PC to assign such lease to Business Manager upon receipt of consent from the lessor and Business Manager shall permit PA PC to use such Center pursuant to this Management Services Agreement, by sublease or otherwise as required by law. PA PC shall use its best efforts to assist in obtaining the lessor's consent to the assignment. Upon request, PA PC shall execute any instruments and shall take any acts that Business Manager may deem necessary to accomplish the assignment of the lease. Any expenses incurred in the assignment shall be Office Expenses. (c) Business Manager shall provide all nondental equipment, fixtures, office supplies, furniture and furnishings deemed reasonably necessary by Business Manager for the operation of each Center and reasonably necessary for the provision of Dental Services pursuant to this Management Services Agreement, by lease, sublease or otherwise as required by law. (d) Business Manager shall provide, finance, or cause to be provided or financed dental related equipment as required by PAPC. PA PC shall have final authority in all dental equipment selections, and Business Manager shall have no authority in regard to dental equipment selection issues. Business Manager may, however, advise PA PC on the relationship between its dental equipment decisions and the overall administrative and financial operations of the practice. All dental and nondental equipment acquired for the use of PA PC shall be owned by Business Manager; provided, however, that PA PC shall maintain complete care, custody and control of all dental equipment. (e) Business Manager shall be responsible for the repair and maintenance of each Center, consistent with Business Manager's responsibilities under the terms of any lease or other use arrangement.

Centers and Equipment. (a) Subject to Section 4.1(b), as necessary and appropriate, taking into consideration the professional concerns of PAPC, Business Manager shall in its reasonable discretion lease, acquire or otherwise procure Centers in a location or locations reasonably acceptable to PA PC and shall permit PA PC to use each such Center pursuant to this Management Services Agreement, by sublease or otherwise as required by law. (b) PA PC shall not enter into any lease or sublease with respect to a Center without Business Manager's prior consent. In the event PA PC is the lessee of any Center under a lease with an unrelated and nonaffiliated lessor, Business Manager may require PA PC to assign such lease to Business Manager upon receipt of consent from the lessor and Business Manager shall permit PA PC to use such Center pursuant to this Management Services Agreement, by sublease or otherwise as required by law. PA PC shall use its best efforts to assist in obtaining the lessor's consent to the assignment. Upon request, PA PC shall execute any instruments and shall take any acts that Business Manager may deem necessary to accomplish the assignment of the lease. Any expenses incurred in the assignment shall be Office Expenses. (c) Business Manager shall provide all nondental equipment, fixtures, office supplies, furniture and furnishings deemed reasonably necessary by Business Manager for the operation of each Center and reasonably necessary for the provision of Dental Services pursuant to this Management Services Agreement, by lease, sublease or otherwise as required by law. (d) Business Manager shall provide, finance, or cause to be provided or financed dental related equipment as required by PAPC. PA Subject to economic feasibility, PC shall have final authority in all dental equipment selections, and Business Manager shall have no authority in regard to dental equipment selection issues. Business Manager may, however, advise PA PC on the relationship between its dental equipment decisions and the overall administrative and financial operations of the practice. All dental and nondental equipment acquired for the use of PA PC shall be owned by Business Manager; provided, however, that PA shall maintain complete care, custody and control of all dental equipment. (e) Business Manager shall be responsible for the repair and maintenance of each Center, consistent with Business Manager's responsibilities under the terms of any lease or other use arrangement, and for the repair, maintenance, and replacement of all equipment other than such repairs, maintenance and replacement necessitated by the negligence or willful misconduct of PC, its Dentists or other personnel retained by PC, the repair or replacement of which shall be a PC Expense and not an Office Expense.

Centers and Equipment. (a) Subject to Section 4.1(b), as necessary and appropriate, taking into consideration the professional concerns of PAand in consultation with PC, Business Manager shall in its reasonable discretion lease, acquire or otherwise procure Centers in a location or locations reasonably acceptable to PA PC and shall permit PA PC to use each such Center pursuant to this Management Services Agreement, by sublease or otherwise as required by law. (b) PA PC shall not enter into any lease or sublease with respect to a Center without Business Manager's prior written consent. In the event PA PC is the lessee of any Center under a lease with an unrelated and nonaffiliated lessor, Business Manager may require PA PC to assign such lease to Business Manager upon receipt of consent from the lessor and Business Manager shall permit PA PC to use such Center pursuant to this Management Services Agreement, by sublease or otherwise as required by law. PA PC shall use its best efforts to assist in obtaining the lessor's consent to the assignment. Upon request, PA PC shall execute any instruments and shall take any acts that Business Manager may deem necessary to accomplish the assignment of the lease. Any expenses incurred in the assignment shall be Office Expenses. (c) Business Manager shall provide all nondental non-dental equipment, fixtures, office supplies, furniture and furnishings deemed reasonably necessary by Business Manager for the operation of each Center and reasonably necessary for the provision of Dental Services pursuant to this Management Services Agreement, by lease, sublease or otherwise as required by law. (d) Business Manager shall provide, finance, or cause to be provided or financed dental related equipment as required by PAPC. PA PC shall have final authority in all dental equipment selections, and Business Manager shall have no authority in regard to dental equipment selection issues. Business Manager may, however, advise PA PC on the relationship between its dental equipment decisions and the overall administrative and financial operations of the practice. All dental and nondental non-dental equipment acquired for the use of PA PC shall be owned by Business Manager; provided, however, that PA shall maintain complete care, custody and control of all dental equipment. (e) Business Manager shall be responsible for the repair and maintenance of each Center, consistent with Business Manager's responsibilities under the terms of any lease or other use arrangement, and for the repair, maintenance, and replacement of all equipment other than such repairs, maintenance and replacement necessitated by the negligence or willful misconduct of PC, its Dentists or other personnel employed by PC, the repair or replacement of which shall be a PC Expense and not an Office Expense.

Centers and Equipment. (a) Subject to Section 4.1(b3.1(b), as necessary and appropriate, taking into consideration the professional concerns of PAPC, Business Manager shall in its reasonable discretion lease, acquire or otherwise procure Centers in a location or locations reasonably acceptable to PA PC and shall permit PA PC to use each such Center pursuant to this Management Services Agreement, by sublease or otherwise as required by law. (b) PA PC shall not enter into any lease or sublease with respect to a Center without Business Manager's prior consent. In the event PA PC is the lessee of any Center under a lease with an unrelated and nonaffiliated non-affiliated lessor, Business Manager may require PA PC to assign such lease to Business Manager upon receipt of consent from the lessor and Business Manager shall permit PA PC to use such Center pursuant to this Management Services Agreement, by sublease or otherwise as required by law. PA PC shall use its best efforts to assist in obtaining the lessor's consent to the assignment. Upon request, PA PC shall execute any instruments and shall take any acts that Business Manager may deem necessary to accomplish the assignment of the lease. Any expenses incurred in the assignment shall be Office Expenses. (c) Business Manager shall provide all nondental non-dental equipment, fixtures, office supplies, furniture and furnishings deemed reasonably necessary by Business Manager for the operation of each Center and reasonably necessary for the provision of Dental Services pursuant to this Management Services Agreement, by lease, sublease or otherwise as required by law. (d) Business Manager shall provide, finance, or cause to be provided or financed dental related equipment as required by PAPC. PA PC shall have final authority in all dental equipment selections, and Business Manager shall have no authority in regard to dental equipment selection issues. Business Manager may, however, advise PA PC on the relationship between its dental equipment decisions and the overall administrative and financial operations of the practice. All dental and nondental non-dental equipment acquired for the use of PA PC shall be owned by Business Manager; provided, however, that PA shall maintain complete care, custody and control of all dental equipment. (e) Business Manager shall be responsible for the repair and maintenance of each Center, consistent with Business Manager's responsibilities under the terms of any lease or other use arrangement, and for the repair, maintenance, and replacement of all equipment other than such repairs, maintenance and replacement necessitated by the negligence or willful misconduct of PC, its Dentists or other personnel employed by PC, the repair or replacement of which shall be a PC Expense and not an Office Expense.